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JEFFERSON PILOT BROADCASTING v. HILARY & HOGAN

No. 78-3207.

617 F.2d 133 (1980)

JEFFERSON PILOT BROADCASTING COMPANY, Plaintiff-Appellee, v. HILARY & HOGAN, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 15, 1980.

Attorney(s) appearing for the Case

J. Knox Argo, Montgomery, Ala., for defendants-appellants.

Edmon L. Rinehart, Montgomery, Ala., for plaintiff-appellee.

Before SIMPSON, HILL and HATCHETT, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Jefferson Pilot Broadcasting Co. [Pilot], appellee, contracted with Hilary & Hogan, Inc. [Hilary] to produce a television commercial. Pilot fully performed; Hilary accepted Pilot's performance and promptly became insolvent. Unpaid, Pilot brought suit in diversity, 28 U.S.C. § 1332(a) (1976), against both Hilary and its two officer-shareholders, Messrs. J. Hilary Cox and J. Dan Hogan...

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